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i, LISBY & REID, Proprietors. The Family Journal.—News—Politics—Literature—Agriculture-—Domestic Affairs. GEORGIA TELEGRAPH BUILDING iSTABLISHED 1826.} MACON, FRIDAY, FEBRUARY 12, 1869. VOL. XLIII.-NO. 13. corgi* 1 Telegraph Building, Macon. bates or subscription: . ItT T*trc*ArH—for one year „„510 00 « T TtuOBAPK—for six months 5 00 Vnr shorter periods One Dollar per month. .a»cia S*m-Wbsk.t TEi.Er.RApH—one year- 4 00 fnfniA Sm-Weekly Telkqraph—rix m’ths 2 00 - 1 u «nrH Weekly Telegraph—ono year 3 00 £go5 Weekly Telegraph—sis months.... ISO 1 MS' Payable ahoayt in Advance. ~iM- j !0 oIi and Job Printing K«U/ exKDteO it reasonable prleu. KioUtAnce* by mail with Postmaster’s certificate ; osr GEORGIA LEGISLATURE. S, I860. gjmt—The following is the Constitution’s ecorJ of the Senate’s action upon the Eligibili- c Resolution: The resolution of Air. Price referring the nestion of the eligibility of colored persons to jd office to the Supreme Court, adopted by , 4 g 0 nge and transmitted to the Senate, was, amotion, taken up. The amendment of Mr. Speer was put on its •sage. Hr. Smith (36th) called for a division of the sentiment. The first resolution, pledging the members of nth branches of the General Assembly to abide je decision of the Supreme Court. The yeas and nays were called for, and the Rowing is the vote: Yeas —Adkins, Brock, Colman, Corbitt, ickey, Harris, Hungcrford, Jones, Richard- a. Sherman, Speer, Stringer, Welch—13. Y»rs—Bums, Candler, Fain, Graham, Grif- i («th) Griffin, (21st) Hicks, Hinton, Lester, [errell, McCntchen, Moore, McWhorter, Nun- dr, Smith, (7tii) Smith, (S6th) Welbom, Winn jdWooten—19. Ibe second resolution providing that each jtmber of the General Assembly, officers and Irdi. be required to answer under oath, whether Itj ever held office prior to the war under the tit«d States Government; during the war urn krthe Confederate Government; whether they «rred in the Confederate army, or made dona- ions to the Confederate Government, was taken The yeas and nays were demanded. The vote nethe same as the vote on the first resolution. u*pt that Mr. Richardson voted nay, making he Tote stand yeas 12, nays 20. Re motion then being to concur with the Souse resolution referring the eligibility of coi ned men to hold office to the Supreme Court, ne adopted by the followup vote: Yeas—Adkins, Candler, Corbitt, Fain, Gra tae Griffin (<;th,) Griffin (21st,) Sticks, Hunger- lord, Jones, Lester. McCntchen, Moore, Rtch- rfson. Smith (7th,) Smith (3Cth,) Speer, Well born and Winn—19. Say—Brock, Bums, Colman, Dickey, Harris, Hinton, Merrell, McWhorter, Sherman, String- ir, Welch and Wooten—12. Absent and not voting—Adams, Anderson, bowers, Bruton. Collier, Gignilliatt, Higbee, Holcombe, Jordan, McArthm^ Nesbit and Nun- [Mr. Nnimally asked to be excused from voting, kcanse the previous question being called pre cluded him from giving his reasons for voting, lie was excused. Hr. Merrell gave notice that on to-morrow he ronld move to reconsider the action in concur- ing with the House resolution. The following Senate bills came up on a first tiding: Ur. Lester—To incorporate the Planters' Ac- jmmodation Steamboat Company, between Au- ista and Savannah. Mr. Hinton—To incorporate the Georgia Bap- si Mutual Aid Society. Also, to incorporate the Tazvell Manufactur- * Company, of Marion county. Mr. Smith, (iitlth,)—To prevent stock from Bming at large. Mr. Candler—To amend section 3496 of Ir is's Code. Mr. Brock—Providing that counties pay the [prase of convicts to the Penitentiary. To prohibit Ordinaries from granting letters of iministration in certain cases. Also, to amend section 3552 of Irwin's Code. Mr. Wooten—To amend the act for the relief 'debtors. Mr. Wellborn—To incorporate the Real Es- te Bank of Georgia, at Atlanta. Also, to amend the act for the relief of debt- Mr. Fain—To change the lines between the of Bartow and Gordon. • HOUSE BILLS OX FIRST READING. 11'change the time for holding the Superior I-.in Cherokee county. iFcrtho relief of A Worrell, of Upson coun ted to declare tho true intent and meaning iMion 3632 of Irwin’s Code. I.'> change the time of holding the Superior a in the counties of Columbia, Washington, non and Emanuel. > change the lines between the counties of “> and Clayton. SENATE BILLS OX SECOND READING. [To giie Ordinaries concurrent jurisdiction b Judges of the Snperior Court in foreclosing i on personal property, and in enforc- Mr. Hall, of Meriwether—A bill appropri ating money for salaries, and for other pur poses. Mr. Drake, of Upson—A bill incorporating the town of Thomas ton in the county of Upson. Mr. Matthews—A bill changing the lines he ween the counties of Macon and Houston. Also, a bill changing the corporate limits of the town of Fort Valley. A bill repealing the act incorporating the town of McIntosh, in the county of Butts. A bill repealing the 7th section of the Appro priation Act. A bill changing the lines between the counties of Johnson and Lawrence. A bill extending the corporate limits of the town of Hamilton, in Harris county. Mr. Hall, of Glynn—A bill allowing Robert Humphries, of Glynn, to practice medicine. Mr. Harrison, of Franklin—A bill allowing Mr. Osborne, of Franklin connty, to practice medicine and collect for the same. Mr. Price—A bill snowing William G. Ste vens, of Lumpkin, to peddle without license for three years. Mr. Scott, of Columbia—A bill to amend the homestead law. Mr. Tnmipseed—A bill appropriating 1,700 to pay Dr. Litton, of Miller county, for attending small pox cases in 1863. Mr. Crawford—A bill to incorporate the Broth erhood of Locomotive Engineers. Mr. Tnmipseed—A bill making it unlawful for marriageable females to flirt. Mr. Zellar—A bill amending section 3489 of Irwin’s Code. • Mr. Fitzpatrick—A bill providing for the election of Mayor, eight Aldermen, Chief of Po lice and other officers in Macon—no distinction to be made on account of color. Mr. Sparks—A bill empowering Ordinary of the county of Bibb to issue bonds for county purposes; also, a bill amending the charter of the city of Macon in reference to the election of Mayor and Council. Mr. Lane—A bill allowing D. J. Hallday, of Brooks, to practice medicine and collect for the Mr. McCombs—A bill to refund money ap propriated for the building of a bridge over the Oconee at Milledgeville. Also, a bill amending Section 3961 of Irwin's Code. BILLS OX Twain READING. A bill defining the meaning of section 2640 of Irwin’s Code. Lost. A bill changing the lines between the coun ties of Taliaferro and Hancock. Passed. A bill allowing Sheriffs in this State to solem nize marriage. Lost. A bill to protect more effectually, personal property. Lost. A bill prohibiting the selling of spiritaons liquors on election days. Passed. A bill to enforce the payment of interest on money according to contract. Pending the discussion of this bill, the hour of adjournment arrived. GEORGIA LEGISLATURE. From the Constitution.J Tuesday, February 9, 1869. Senate.—Mr. Merrell moved to reconsider the action of the Senate yesterday, referring the eligibility of colored men to hold office, to the Supreme Court. The President vacated his seat, calling Mr. Winn to the Chair. Mr. Wooten, made an earnest, eloquent and argumentative speech in favor of reconsidera tion. Mr. Boms followed in a stirring, patriotic and pungent effort in favor of reconsideration. Mr. Candler, the “Chatham” of the Senate, opposed the motion to reconsider, in a few re marks, and moved to lay the motion on the ta ble. The vote stood yeas, 13; nays, 17. So the motion to table did not prevail. Mr. Candler made a strong, effective and powerful effort in opposition to reconsideration, followed by Mr. Hinton, in favor, in a pointed speech. The President resumed his seat Mr. Brock favored reconsideration, but was opposed to the resolutions. Mr. Wellborn opposed reconsideration in a facetious speech, sparkling with humor and good sense, having possession of the floor at the hour of adjournment. The Judiciary Committee, through Mr. Mer rell, Chairman, reported on a large number of bills. The Enrollment Committee reported several bills duly enrolled. Senate adjourned. House—Mr. Carpenter, of Hancock, moved to reconsider the bill passed yesterday, chang ing the lines between the counties of Hancock and Taliaferro. Motion prevailed. UNFINISHED BUSINESS. The bill to enforce the payment of interest agreed.upon, was taken up and discussed. Mr. Hudson moved to indefinitely postpone this bill. Motion prevailed. Mr. Tumlin moved to suspend the rules to take up the bill reducing the tax on circuses from $100 to $23. Buies suspended and the bill taken up and read. Mr. Crawford moved to indefinitely postpone this bilL Lost. The previous question was called on the pass men who assisted to kill our people, to come here and live. He was opposed to it. When we are prepared to offer inducements to emi gration it will come. Let ns, then, legislate our estate into a condition that we can rid ourselves of our present burdens, and then we will be prepared to go into new enterprises. Mr. Phillips moved that the Committee rise and report progress, and ask leave to sit again. _ Motion prevailedand the bill made the special order of to-morrow 11 o’clock. House adjourned to 10 o’clocck to-morrow. Supreme Court of Georgia. From the Atlanta Constitution.) Satuhdat, February 6, 1869. No. 3—Ocmulgee Circuit—Wilson, et aL, vs. Whitfield, et- al., was concluded by Hon. Josh. Hill, for plaintiff in error. No. 4—Brannon, administrator, vs. Johnson. Equity from Wilkinson was withdrawn. No. C—Reed vs. Eady, complaint from Wilk inson, was dismissed for want of prosecution. No. 6.—Jas. R. Hugh, plantiff in error, vs. Jas McHugh; complaint from Morgan: was ar gued by Judge A. Reese for plaintiff in error, and J. A. Billings, for defendant in error. This being the last cause on the regular dock et, .no Court went back to the cases put to the heel of the whole docket. ,/ No. I—Middle Circuit—A. C. Schaffer & Co., vs. Baker & Caswell; award from Richmond; Hook & Carr, for plaintiff in error. F. H. Mil ler and W. H. Hull, for defendant in error; was presented by briefs. No. 8—Henry F. Bussell, plaintiff in error, vs. C. D. Carr & Co., et. al., defendant in er ror : was argued by L. E, Bleckley, represent ing W. Hull, for plaintiff in error, and by the Beporter, representing Hook & Carr, for de fendant in error. This leaves nothing on the docket but the cause of Smith vs. Bell; assumpsit from Web ster ; which involves the constitutionality of the section of the constitution of 1868, denying ju risdiction to sue in onr Courts for the pric of slaves. e * tffix the per diem pay of members of the al Assembly, officers and clerks. Re ft to the Finance Committee. Horsz BILLS OX SECOND READING. Hhingetime for holding Snperior Courts l^them Circuit £ define the qualification of voters, and pro- * lor the holding of special elections, in Co- ' '53 and Milledgeville. > cany into effect the provisions of 13th *» J* Ike 3th article of the Constitution. f, 0 **“* T «f r °m Jury duty certain members of Fire Company of Cuthbert. p create commissioners of Road and Reven- ^ia each connty. to Judiciary Committee, o nake it penal to hunt on land of others, “e arms or dogs, inDeKnlb, Gwinnettand coonhea, without consent of owners. Be- r J” ) .; C Ha®itte6 on Internal Improvements. kL r Tr°* W. Johnson and Son, and G. J. “Jj. J*° n county, from taxes of 1863. ^Finance Committee. 4110 De sotah, Manufacturing " 7°* Floyd connty. Referred to Commit- lo.^pfectnres. Ibosd °! lze or< fti na ry of Fulton connty to is- La® to meet outstanding claim*. Com* triiuii House, a bill creating a new ~ r-j 5 ® 4 ’ *° he called the Atlanta Circnit tn| ft transmitted to the Senate. Gra yibstbeading. Walker—A bill to incorporate ’s 6 , No. 206, in Walker connty. Am. u -* °* Towns—A bill for the relief ^thtin cases. of Talbot—A bill for the re- h. tee?*” 4 Stevenson and others. 6gof“? w > °f Taylor—A bill for the the de- H ’“fiy lines and the duties of connty of Randolph—A bill legalizing ■4(05^®* »*a Bnchana, Sheriff of Ran- 0 0 hill incorporating the Geor- flitj-“."ftpnnfrcturing Company, j tho pay of Connty Survey- $300 to the Rev. H. C. -Polk—A bill extending the bh.l P lands, and makincr former , ^tan^rmu ^3 void. [Jtf Fierce—A bill for the pay- W of ?** petit jurors in Pierce connty. ^ hill requiring the .‘^aamJr*? “8 warrant or warrants on p * a vor of John Jones, late Treas- Muscogee—A bill amending .. ion Georgia Insurance Company, Uw . of Meriwether—A bill abolishing oent in this State. Letter from Mr. Dickson. From the Southern Cultivator.] Spabta, Ga., December 5, 1868. There is much confusion throughout the coun try as to the plan of agriculture I pursue—some using the solid sweep as a part of my plan. Let me say, I would not have one of them. More over, there are other plans called mine that I cannot endorse. I will give my plan in a very fewwords: First, drain the wet lands and if you wish, or it needs it, ditch the hill sides; then deepen yonr soil; charge it well with vegetable matter, either by rest or sowing oats and feeding off the fields, sowing and turning under pea vines, or clover and other grasses, where they will succeed, etc. Then plow deep, and sub-soil to the extent of yonr ability. Gather all the manure possible from previous crops, cotton Sfed, manure from stock, leaves, pine straw, mnd and other scrap ings—and then add each year to each crop, com, oats, cotton, wheat, etc., such soluble ammonia and bone, earth, etc., as Peruvian guano, land plaster, salt and wood ashes may have in them —the latter if to be had, in any form, at a price that wonld warrant its use. Plant com eight inches below a level, put the manure within three or four inches of the seed, and cover about lA inches deep. Cultivate shal low—first plowing']^ inches deep; second, inch; and third i inch. I prefer a heavy sweep, 22 to 26 inches wide, either for com or cotton. For mer communications will show how I prepare land for cotton and com. If you carry out this pian well as to order and time, it will never fail. One of your correspon dents from South Carolina, in criticising my 5 lan, says yon cannot make com without a wet uly. I have made a first rate crop of com with no rain after the 19th of June, and can do it every time. Below I will tell that gentlemen and others how to do it. I have never had to resort to the extreme there described, but it will pay. If you wish a fort to stand a hot and protract ed attack, you must water and provision, as well as manure it in order that it may hold out until the siege is raised—remembering one day un provided for may prove fatal; so if yon wish a cotton plant or a com stalk to stand a hot burn ing sun, and a dry northwest wind from four to ten weeks, and come out safely, you must water and put in sufficient soluble food to last. How is that to be done ? Answer: by deepening the soil, ploughing deep, sub-soiling and filling it with humus, that it may retain the greatest amount of water. The soil is like a sponge, if too porous, water will sink through it; if too close, it will hold but little. I find that humus clay and a due proportion of sand constitute the best of soil, to succeed under all circumstances, with soluble plant food in abundance. I will now give you a plan that will carry the cotton plant through eight or ten weeks of drought with safety and enable it to get ahead of the caterpillar—the boll-worm may come too soon for a full crop, bnt one need not* fear the cater pillar if they do come before the 1st of Septem ber. Always remember the soil must be good and deep, and sub-soiled six inches deeper, and furnished with a good supply of goano, dissolved bones, plaster and salt A cotton plant to stand two weeks (always remember to use the Dickson Select Seed)must have four inches of soil and six inches sub-soil—three weeks, six inches soil, same sub-soiling; four weeks, eight inches and same sub-soiling, and for every week of dry weather yon will need an additional inch, with tho same six inches sub-soil broken below. So, yon will see, to stand a ten weeks’ drought, you have a soil sixteen inches deep, with six inches broken below. This plan will hold tho forms and bolls during the whole time, and not give them up when it rains; but should you prepare right, and your supplies give out or surrender one week before reinforcements come, much is lost, and it may be too late to start anew. If you prepare and carry out this plan, yon may expect from 400 to 1200 pounds of Bnt cotton per acre, according Decisions or the Supreme Court ot Georgia. Furnished by N. J. Hammond, Supreme Court Reporter, Expressly for the Constitution. O. A. Lochrane, Plaintiff in error, vs. Vm. Solomon, defendant in error. Motion for new trial from Bibb. Brown, C. J.—L., who owed S. $1000, for which S. held L’s note, and mortgage on a printing press, sold the press to C. for $5000, and 0. agreed to pay the $1000 to S., and satis fy the note and mortgages, bnt S. refused to re lease L. and take 0. for the debt. There was evidence before the jury, however,“that S. agreed to take 0. as collatteral, 'and afterwards agreed to give C. time on the $1000 which he was to pay for L., if ho wonld pay him 2i per cent, per month for the indulgence, which he did for three or four months.' 1. Held, that it was error in the Court in his charge to the jury, to restrict them to the single inquiry whether C. was substituted as the debtor in place of L. 2. If C. agreed to pay the debt of L. to S. in a short time, and S., having accepted the liabil ity of C. as collateral, afterwards for a valuable consideration extended the time of payment for three or four months, as he had the right to do at his own wish, L. could not sue O. during that time, and S. was liable to L. for any damage sustained by L. on account of such indulgence given by S. to C. Judgment reversed. McCay, J., concurred in tho judgment. Warner, J., dissenting.—In my judgment, there was no error in the Court below in over ruling the motion for a new trial on the ground that the verdict was contrary to the evidence. The Court was not requested in writingto charge the jury upon any part of the evidence, and there was no exception token that the charge of the Judge did not cover all the facts proved. Tho charge of the Court excepted to was not in error in view of the evidence contained in the record. The defendant was the principal debt or, and not a surety, and the loss of which he complains did not spring out of or result from any agreement made between Crawford and Sol omon which could operate as a legal discharge of the debt, but from a cause entirely independ ent of the alleged agreement. From the facts disclosed by the record and my understanding of the law applicable thereto, I am of opinion the judgment of the Court below should be affirmed. Cobb and Jackson, by Judges Clark and Lyon, for plaintiff in error. W. Poe, for defendant in error. Samnel T. Bailey, plaintiff in error, vs. E. L. Strohecker defendant in error, mandamus— From Bibb. Brown, C. J. When an attachment was levied upon fifty shares of the capital stock of a corporate com pany, and sold at Sheriff’s sales, it was the du ty of the Sheriff to give certificates of purchase to the highest bidder, and on presentation of such certificates to the proper officer of tho cor poration, it was his duty to make the necessary transfer of the stock to the purchaser on tho books of the Company. In such case tile Sher iff does not pnt the purchaser in possession, but the officer of the corporation is, pro hac vice, a pnblio officer under the Code charged with that duty, and if he refases to do it, mandamus is the proper proceeding to compel its performance. Judgment reversed. S. T. Bailey, by the Reporter, for plaintiff in error. H. W. Cowles, by B. H. Hill, for defendant in error. Mr. Kelly—A bill to amend the police laws of the city of Savannah. Rules suspended, and hill read first time. On motion of Mr. Hall, of Monroes, the roles were suspended, and the general appropriation bill read second time and referred to the Com mittee on Finance. Mr. Kelley moved to suspend the rales to take np Senate bills for third reading. Motion pre vailed. A bill to exempt a certain number of the members of fire companies of the city of Savan nah from jury duty. Amended by adding Bain- bow Fire Company of Rome. The bill as amend ed, passed. , . K , A bill to regulate summons of witnesses m | to the character of the land, locality,_etc. Chatham Superior Court Passed. A bill to incorporate the Atlanta Agricultural Implement Manufactory Company. Amended by committee and passed. The special order of tho day being the Land Immigration bill. It was taken np, and being an appropriation bill, the House resolved itself into a committee of the whole, to consider it Considerable dicussion ensued on motion to read and act on the bill by sections. Vote was taken on motion, and House decided to read bill and act upon amendments made thereto. BiU read. A Mr. Saussey moved to amend by locating the office of Chief Commissioner at any place to be designated by the Commissioners, other than J'otM'tnl na in tViA oHoinal bilL the Capitol, as in the original bill Mr. Anderson objected to the amendment He said that the friends of this bill had prepared it carefully, and he hoped it would pass without amendments. Mr. O’Neal moved to amend the amendment by striking out the word “Capitol, ’ in the biU, and adding “the city of Savannah,’’ for the lo cation of the Chief Commissioner. Mr. Warren, of Quitman, said as the discus sion had gone into the merits of this bill, he wonld state his objections to the bilL He was opposed to the bill from beginning to end, and thought it was dangerous to go to this expense in our present cznb&rr&sscci condition. He would not give one negro labor for forty such as tins bill would get. It was made for the benefit of men who wanted easy places, and if it passed, it would pass over his vote. . Mr. Tweedy moved to strike out to be elected by the General Aseembly and give power to Governor to appoint , Mr. Harper, of Terrell, said be was opposed to the bill. He wonld not say that he would oppose it some future day. We can offer no inaucexnents to immigrants at tho present time. We do not know how long it will be before some General will be upon us with bis bureau, and the expense to support this bill is unneces- sary at the present time, and I think this bill should be indefinitely postponed. This Legis lature voted down an appropriation to bury our Truly yours. David Dickson. Congressional Whisky Rings—How the Government is Swindled. The Baltimore Sun’s Washington correspon dence makes the following revelations: Tho amount of receipts recently, instead of showing a favorable condition of things for the government, shows the reverse. The govern ment should have received many millions of dollars more. The reduction of tax on whis ky in bond was part of the scheme of of a spe cial whisky ring, promoted, it is alleged, by a few members of Congress who were in the se cret. The operations of the ring were on the grandest scale known to revenue history. It will be remembered that during all the ear ly period of the last session of Congress, it was given out by members who, from their position, were supposed to be authorized to speak for that body, that there would be no reduction of the tax, and the Committee of Ways and Means had reported that there should be no redaction. During all this time the fonr grand managers of the scheme, knowing what was to come, pur chased nearly all the whisky in bond, amount ing to fifteen or sixteen millions of gallons, pay ing for it prices ranging from five to fifteen cents. When the purchases were completed, it was announced in the Honse of Representatives that the tax was to be reduced not only on what was to be made in future, but what was in bond, which already the government held for tax. The price of bonded whisky at once advanced to 60 and 65 cents, thus netting to the ring, the purchasers of bonded whisky, about $8,000,000, which was divided among the smart manipula tors of the scheme. How many members of Congress received dividends in this gigantic trick will probably never be truthfully made known. One of the ring, already a millionaire'in New a-—h- oOJan »•< non ooo to his fortune. JohnT. Williams, etal., plaintiff in error, vs. James M. Mobley, executor, etc., defendant in error: Equity—From Harris. Brown, C. J.—The minor legatees under a will, who are not the children of the testator, have no right, in a case ponding in Chancery upon a bill filed by (ho executor for direction, to an interlocutory order, setting apart money for their support, unless the estate is solvent, and able to pay all just debts, and leave a suffi cient fund out of which to pay the sum necessa ry for their support, and it was error in the Chancellor to grant said order, when the solven cy of the estate was denied, till it had been as certained, by the report of a Master in Chance ry, or in some other legal way, that there would be a fnnd after the payment of the debts of the estate. Judgment reversed. Ingraham and Crawford, by Peabody, for plaintiff in error. Bingham and B. H. Hill for defendant in er ror. and to have been suspended from 19th of Janu ary 1861, and that it shall so continue until civil government is fully restored,. or until the legis- ture shall otherwise direct, has been legalized by the new Constitution and Ordinance of the Convention of 1868, so far as it does not ditest vested rights. This made it valid so far as it was prospective, but whether it could restore to plaintiff a right of action lost by the rnnning of the statute for the full period prescribed by law before its passage, query? 4. In this case after deducting the year during which it was suspended, the statute had not ful ly ran in favor of the indorser who is the party litigant, at the date of the Ordinance of 1865, by which it was suspended for the future as above specified. For these reasons I concur in the judgment pronounced by a majority of the Court while I do not assent to all too proposi tions announced by them in the decision. J. M. Dorsey and E. M. Johnson for defend ant in error. L. E. Bleckley for defendant B. F. Wallis, et al„ plaintiff in error, vs. G. M. Osteen, defendant in error. Trover from Chattahoochee. Warner, J.—'When tho possession of a watch has been awarded to a party by toe judgment of a proper Justice, as provided by toe 3959th section of the Code, and an action of trover is brought to recover the possession of the watch from such party having possession thereof un der such judgment. Held that toe plaintiff must provo title in himself to the watch to en able him to recover it from toe defendant. Judgment reversed. E. Baiford, by B. Hill, for plaintiff in error. D. H. Burts, by toe Reporter, for defend ant in error. Embry and Fisher, Plaintiffs in error, vs. J. J. Clapp, Defendant in error. Complaint from Muscogee. Warner, C. J.—Where an insolvent debtor, by a deed of assignment, bona fide, consigned a stock of goods to C., in trust to sell and dispose of toe same, and to pay toe proceeds thereof to certain specified creditors of toe assignor and no trust or benefit being reserved to the assignor or any person for him : Held, that the assign ment of the debtor in this case, was a good and valid assignment under toe provisions of toe Code. Judgment affirmed. Peabody and Brannon, for Plaintiffs in error. Ramsey and Ramsey, by Jas. Russell, for De fendant in error. Jas. Marting and Paul Key, persons of color, plaintiffs in error, vs. the State, defendant in error: Burglary in the night—from Muscogee. Brown, C. J.—Tho bill of exceptions in this case was a general one that the jury fonnd con trary to law and evidence. Held, that there was not sufficient legal evidonco to sustain toe verdict. Ramsey and Ramsey, per Jas. Bussell, for plaintiff in error. Thornton, Solicitor GeneraL for the State. York, added $2,000,000 to his fortune. Instead of tins redaction of tsx being a great gain to toe Government, it was a monstrous loss. If this whisky had paid the two dollars tax, as it should have done, it would have produced for the Treasury thirty millions of dollars, in stead of seven or eight millions, which is claim- ,hi8 W a few days since, and here, some who <,4 Io:i; A bU1 flmendiDS sec * ' the ' to ti£ Government. Moses Brian Executor et. al., plaintiff in error vs. Martha B. Banks, defendant in error, com plaint from HalL Warner, J.—Where suit was instituted on tho 26th of February, 1866, to recover toe amount due on two promissory notes, against the maker and endorser thereof, one of which was dated toe 20th of October, 1857, due one day after date and endorsed on the 11th of July, I860, toe other note dated toe 29 th of July, 1858, due one day after date, endorsed toe 26th of Janu ary, 1959, and the defendant plead the statute of limitations in bar of toe plaintiff’s right to recover. Held: That, in as much as toe statute of 1869 suspended toe running of toe stat ute for one year, and the act of 1861 sus pended the running of toe statne during toe war, and tho ordinance of the convention of the 1st of November, 1865, having declared toe statute of limitations to bo and to have been suspended from toe 19th of January, 1861; and that, inasmuch as the 3d paragraph of the 11th article of toe Constitution of 1868, declares of force “all acts passed by any legislative body sitting in this State as such, since toe 19th day of January, 1861, (including Irwin’s Code,) and that, inasmuch as the 5th paragraph of too llto article of toe Constitution of 1861 declares that all rights, privileges and immunities, which may have vested in, or accrued to, any person, or persons, or corporation, in his, her, or their own right, or in any fiduciary capacity, under any act of any legislative body, sitting in this State as such,* since toe 19th of January, 1861, shall be held inviolate by all the Courts of this State, unless attached for fraud, or unless oth erwise declared invalid by, or according to this Constitution,” that toe plaintiff’s right to recov er upon toe notes sued on is not barred by toe statute of limitations, toe act of 18G1, as well as the ordinance of 1865, suspending toe run ning of the statute, are recognized and made valid by the express provisions of the Constitu tion of 1868. Held, also, that if a prescriptive right to ei ther real or personal property, under toe provisr ions of the Code, had become vested in toe pos sessor by reason of the continuance of his pos session, fora period of time, fixed by law, such vested right will be protected under the 10th paragraph of toe 11th article of toe constitu tion of 1868, recognizing a distinction between a right vested under toe law of prescription as to real and personal property, and a right under toe statutes of limitations, which affects only toe remedy. J Judgment affirmed. - .. McCay, J., concurred. . , . ■ ;. m Brown C. J.—dissenting.—1. An indorsement of a promissory note. past due for a valuable consideration is n new contract and the statute of limitations begins to ran in favor of the in dorser only from the date of the indorsement. 2. The Statute of limitations was legally sus pended for one year by toe Act of Decem ber I860. Robert C. Bryant, et aL, Executors, plain tiffs in error, vs. Zena Doolittle, defendant in error, §omplaint from Houston. Warner, J.—When a feme sole gave her note for fifty dollars and afterwards married in 1862, her husband receiving from the wife property more than sufficient to pay toe debt, and the husband having died before any judgment was obtained against him for the debt of his wife Held, that, inasmuch as the parties were mar ried before toe adoption of toe Code, the hus band was liable for the debts of his wife only to toe extent of the property received through her, when^judgment urns recovered agaiust him therefor during the coverture in accordance with the common law rale ragulating toe liability of the hnsband for toe payment of the debts of his wife contracted prior to toe marriage. The will, offered in evidence, showed upon its face that it was executed in 1862, by which the husband bequeathed to his wife certain proper ty, thereby showing that the parties were marri ed at that time, to-wit 31st of July, 1862, where on the witness, who was examined, stated that toe parties were married in 1862 or 1863. The will was competent evidence for toe purpose of showing that toe parties were married prior to 1863, and the Court below erred in rejecting it for that purpose. Judgment reversed. dollars to assist the very men. or some of the 3. The Ordinance of the Convention passed 1st November 1SC5, declaring the statute of limitations in all cases civil or criminal to be Attitude ot* the Georgia Legislature. From the Feu> York Times of the 6:A.] Discussing toe probable action of the Federal Government in regard to the status of Georgia and toe doings of its Legislature, the Savannah Republican, the other day, said: “As regards toe reseating of the negroes in toe Georgia Legislature, all we have to say is: let Congress enact what it may, let every mem ber now there hold on to hisseat until a judicial decision shall have been obtained adverse to his right, or until the bayonets of the military shall compel him to leave. He has possession—let him consent to be dispossessed only by a law of Georgia, or by force of the Federal Govern, ment.” An Atlanta dispatch of Thursday’s date shows that advice of this nature is addressed to not unwilling ears. The Legislature will not recede a hair’s breadth from toe position it assumed when a fraudulent majority declared colored members ineligible. The higher branch refuses even to coiisr.b'* t'-.r qncstion of reseating those whoL. it i-ukAfuil- expelled; while the lower branch refuse- to take ui.y decisive step for test ing judicially the question of eligibility. The latter decision .will not suit.'re those whore- member the declarations of toe leading advo cates of expulsion. They avowed a determina tion to exclude,rand to. exclude permanently, colored members, irrespective of any judgment that might be pronounced in their favor by too Courts. This purpose is evidently adhered to. The Legislature cares neither for the recon struction acts nor for the plain provisions of toe local Constitution. The majority ore re solved to set toe Courts as well as Congress at defiance. Having assumed this attitude, toe Legislature quietly frowns down a proposition to send Alex. H. Stephens and a couple of associates to Wash ington, “to represent toe true state of affairs to Congress and ascertain what solution of the unfortunates difficulties can be had.” Such a mission in existing circumstances is certainly unnecessary. The case requires no further ex planation : it is as clear as events can make it. The Legislature does not desire any solution of the difficulties, or, at least, any solution that does not involve an unqualified surrender to all its claims. It will neither listen to reason nor law. It has adopted toe recommendation of the Savannah journalist, and will yield only to *• force of toe Federal Government.” The’cost of a journey to Washington to announce dogged hostility may well be spared. The proceedings now reported will not be wholly barren of effect upon Congress. They transpire, indeed, just at the period when Sena tors are in doubt as to toe course to be pursued toward Mr. Hill, and when the House Recon struction Committee has under consideration tho propriety of annuling its recognition of toe State. The defiant, tone adopted at Atlanta— too determination to reject compromise and to make concessions only actual force—will proba bly exercise some influence upon both toe Sen ate and the Honse. The display of a conciliato ry disposition might have strengthened the hands of Mr. Trumbull and others who oppose further Congressional interference, and recon cile toe House to a policyof patience and for bearance. These counsels are divested of weight, if not actually of propriety, by the re fusal of toe Georgia Democrats to abate toe an tagonism to essential requirements of recon struction. It is now doubtful whether Congress can, without injustice and a certain loss of self- respect, suffer tho present aspect of the question to continue. ! . . ■ Affairs in Upper Georgia. 4 The Rome Courier of Saturday says there will, by the first of March next, be more spare msney in that section of toe country than was ever known before. The cotton crop will sell for nearly as many dollars as it did in 1859-60, and now it can not go for negroes, and will not for lands. Hun- dredftof planters in that and adjoining counties have how in hand from$1000 to $5000, and are now feeling good 'all over, but really do not know what to do with their money. They keep The Cotton Caterpillar. From the Floridian.] , . j. Messrs. Editors: The history of toe cotton carterpillar being one just now of great interest in onr Southern communities, and deeming it important that every one who can should give any information or hint arising from his obser- , , vationorhis speculation based thereon, upon A prominent feature of the trade, during the present season, has been the comparatively new system of selling short. Quite a large propor tion of the sales in onr market daring the past four or five months, has been for delivery two or three months ahead, but, in nearly every in stance. the shorts have been compelled to cover which may swell the aggregate of facts or the ories, upon which toe entomologist of toe future may rear the proper history of this destructive insect, I venture to send you the result of my observations, and my theory relative to the pro pagation of the insect from year to year. I have been a cotton planter for many years, and during many of those years I have kept a daily record of every event bearing upon our agriculture which came under my notice. There are many theories as to the mode in which the insect is carried through the winter period of its existence, some of which I will briefly notice. Some contend that it is through the medium of toe egg that toe hibernation is accomplished. I will state in this connection some facts which I think will sustain me in my objection to this theory. The caterpillar invariably makes its first appearance in toe low sheltered bottoms, and any planter of experience can point out in ad vance toe localities in which toe insect will be earliest observed. The last generation of toe ravager is brought forth upon toe highlands of the field. Here, then, toe last eggs of the sea son would be deposited, and consequently, as the first change is from toe egg to toe caterpil lar, here upon toe highlands should the first brood of the next year begin its career ; bnt such is not the faot. Again, it is believed by some that the hiberna tion is effected by too descent of the living caterpillar into toe ground, where he assumes too chrysalis and hibernates. If this were so, then assuming that this mode of passing into the chrysalis state was peculiar to toe last brood of oarterpillars, toe earth in the vicinity where the last of toe cotton plants were consumed, would be so perforated and filled with toe chrysalis as to have been long since obvious to toe planter. And if snch was toe mode of hibernating, then, instead of the few straggling flies which make their appearance toe ensuing summer, they would be as the locust, and their name wonld be legion. Others speak of eggs in the interior of toe stalk. This is an impossibility apparent to any one who has carefully examined toe fly, which is not furnished by nature with the means of depositing its eggs except upon the surface. Some speak of toe carterpillar as hibernating in toe pith of toe stalk, supposing it possible that the worm could eat its way into toe small or tender branches of toe stalk. The space af forded by the displacement of tho pith would be insufficient for the ordinary sized chrysalis. Many objections to this theory could be cited, but i't would be tedious. The question then re curs, how is toe hibernation effected ? I believe that it is toe miller or moth which hibernates, and for so thinking, will give snch reasons as have grown out of my experience. I have, I think, shown that if toe egg is the agent, then toe caterpillar of toe next year would appear first upon toe highlands. Again, as the caterpillar is toe direct product of the egg, an egg must be laid in those places which were first swept, and which, into* majority of years, were totally stripped of every vestige of foliage and life. This egg must be laid by no agent having toe power of locomotion, viz: the miller, who seeks those bottoms to deposit his eggs, because the cotton in those localities, though not older in days, is much older in developement, and is the earliest food in toe field fit for the coming worm. That toe moths of various insects can, and do winter with us, must have been observed by many. Even while I write, (on toe 19th of Jan uary, 1869,) which has been an unusually cold winter, the ceiling of toe room presents active, living specimens of moths, more delicate in their structure than the caterpillar fly, which is indeed the strongest, and to all appearance, the best provided against toe cold, of any miller of its size which I have ever noticed. I believe that toe destruction of the cotton crop depends upon the temperature of the preceding winter. I have turned to my records of three consecutive years, 1841-2-3. I find that toe winter of 1840 was mild with ns, and that in 1841 toe caterpillar ap peared as early as it did in ’68, and completely swept the cotton at as early a date. I find that toe winter of ’41 was cold, and my journal shows that there were no caterpillars the following yeaV, but a yield of a bale to the acre in ’42. I find that the winter of ’42 was mild, and that toe crop of ’43 was swept as thoroughly as in 1841. Here we have a fine cotton year, sandwiched between two caterpillars. In too former case, preceded by a cold winter: in too latter, by two mild ones. It is also known to us that toe Northern portion of toe cotton region of Ala bama, Mississippi and Georgia, are often ex empt from toe ravage of the worm, while toe Southern portions in common with our own coun try, are swept. The usual winters of those lati tudes are inclement enough to destroy in a great measure toe fly, but a few seasons of mild win ters, such as have been those of late years, ena- able the moth to recover toe lost ground, and those sections long exempt, are again devasta ted. The miller of the caterpillar is furnished with a strong tube projecting from his mouth, with which he perforates toe base of the cotton bloom with scarcely an effort, and draws thence its food. It never enters the flower. Our-win ter present bnt few consecutive cold days, dur ing which toe miller doubtless lays semi-torpid in some sheltered spot. The days of warmth succeeding are sufficient to stimulate it to flight. Some hardy flowers are to be fonnd in sheltered spots even during our winters; but indepen dently of these, it is fully able, by means of its strong tube, to extract juices from suculent stems sufficient to sustain it through our mild winters. Recapitulating, I conclude that if the egg be toe medium of propagation by hibernation, then, as nature does nothing by halves, toe egg would be provided with powers of resistance which would carry it safely through every winter; and every succeeding year would witness toe ravage of toe worm, as it wonld always take place with the unerring instinct of which we have a famil iar example in the larvse of toe locust; but toe fly, ever flitting during the warm nights from one shelter to another, is liable to toe vicissi tudes inherent to a nomadic life, and vast num bers doubtless perish, while others, more fortu nate, find sufficient shelter, and thus, with di minished numbers perpetuate their kind. B. G. The receipts and exports at the latest mail dates, in round numbers, stood as follows : 1868. 1869. Receipts bales..1,250.000 1,343,000 Exports..... .....752,000 676,000 While Great Britain has taken only 412,000 bales this year, against 522,000 last year,France has increased her purchases, having* taken 140,- 000 bales this year, against 104,000 last year. The north of Europe has also taken 103,000 bales, against 81,000 last year. Last year the average weekly consumption and export of cot ton at Liverpool was 65,005 bales, and this year it will probably be equally large, and Liverpool - most meet opr market, as her supplies from oth er sources bid fair to be considerably reduced. The position of the market may tons be regard ed as a strong one. The largest cotton crop ever raised was in • 1859-60, which approximated 5,000,000 bales, realizing, at $50, a hale, $250,000,000. This year, toe crop, it is thought, will be about 2,- 500,000 bales; it is worth, at a low estimate, say $100 a bale, and, in toe aggregate, $250,-1 000,000, or as much as the crop of 1859-60. Now to toe profits of this year’s cotton are to be added several important items. The South has, for toe first time, raised food enough for its own consumption, and consequently, the proceeds of the cotton crop will not have to be exchanged for bread and meat. Hence, toe present cotton crop will bring more money into the South than ever was received from this source in her palmiest days. The last Circular of Murray, Ferris & Co., of New York, presents the following table of week ly receipts at all toe porta in the United States for toe months of January, February and March in 1868, and for toe month of January, 1869: January 1 1868. 95,500 1869. „ 79,000 74,000 73,000 84,000 January 8 80j000 January 15. January 22 sojooo 86,000 January 29 86^000 86,000 ’FehroHiy 89^300 February 12. .osjooo February 19 92,000 February 26. 91,000 March 4 79,000 March 11 66,000 March 18 66,000 March 25 44,000 African N. E. Conference—Second Day. We are indebted to R’ev. E. D. Bailey, color ed, for the following report of yesterday's pro ceedings of toe Conference in Asbnry Chapel: Conference, Bishop Brown in the Chair, was opened by singing, and prayer by Rev. W. H. Nobles. The roll was called and minutes read and confirmed. On motion, Rev. Joshoa Woodlan was elected reporter for toe Christian Recorder, and Rev. W. H. Nobles for the Missionary Recorder. After some remarks by the Bishop the discip linary questions were taken np. Question 4, (letter 1, page 94) of toe new discipline elicited quite a discussion between brethren C. Brad- well. W. J. Gaines and others. During the dis cussion the Bishop remarked members should not provide themselves with snch poor excuses for not raising money in answer to this ques tion. Rev. EL Stricklan was appointed by toe Bish op to take charge of the money raised for tho completion of Wilberforce University, and other educational purposes. On the (question of toe University there arose a discussion—why not have a University in Georgia—between brethren B. B. Bailey of the Alabama, and T. G. Stewart of toe Georgia Con ference. The debate was participated in by a number. Brother Stewart remarked there would be a University in Georgia some time this year, or at least commenced. Dr. L. Fierce was invited within the bar and introduced to toe Conference, and briefly ad dressed toe body. The debate on Wilberforce was laid over un til the Educational Committee reports. On motion, the following names were brought before the Conference to enter on approbation: Benjamin Washington, Wesley Mapp, Larry Thomas, Thos. Dawson, Daniel Williams. Lacy Beck, Daniel Brown, Elijah Penaman, Daniel McGee, Martin Johnson, Larkin Mathis, Jessey Dinkins. Thos. S. Smith. Scipio H. Robison, Henry Robison, Henry Reding, George Hood, Branch Davies, Nelson Harris, Alfred Lonwod- . dy, Richard Mahone. E. O. Alexander, A. Bru ton. S. Boss. Wm. Pierce. Henry Luster. All will be examined by a committee. On motion, Conference adjourned to 9 a. it., to-day.—Columbus Sun, 9th. £ <r ... j Running Andrew Johnson fob Governor of Tennessee.—Intelligence from Tennessee, says a Washington letter, shows that the intended running of President Johnson, for Governor, _ has combined the Fletcher-Senter Republicans in a secret bnt bona fide alliance with all the Democrats against the Browillow wing, who have made murder their policy and embezzlement their practice. The new party accept recon struction and negro suffrage as fixed facts, and bid for economy, peace and white enfranchise ment. Brownlow is so alarmed that he has re solved not to appear in the Senate on toe 4th of March, but to continue Governor till next.Oc- j tober, so as, if possible, to head off Senter and , Fletcher and Johnson, by proclaiming martial law and a postponement of toe August election! t Mr. Johnson mil leave for Tennessee on toe 8th of March, and by easy stages arrive at Nashville on the 15to of March, and business will com mence at once on his arrival. Senator Fowler and his friends will co-operate with the new party, and the liveliest times may be expected , in State politics since the Foote-Davis campaign in Mississippi. • The Cotton Trade. The cotton market (says toe New York Com mercial and shipping List) presents a strong contrast with the corresponding period in 1868. It maybe remembered that about a_ year ago, the price was depressed, by a combination of circumstances, to fifteen cents for middling up- ' land, which enabled English operators to secure liberal supplies, after which the staple gradually rose to thirty cents at the close of the cotton year, August 31st. The result was highly prejudicial to American interests, for toe nation not ‘only suffered in its export trade, but our cotton man ufacturers were subjected to sharp competition from British goods made from raw material, ob tained at exceptionally low prices. This year the position of affairs has been al together different, and while the English opera- tore have adhered pretty closely to toe tactics adopted last year, they have been effectually “cornered.” With very small stocks at Liyer- iool “ * ** ish halfpenny Price's Desolation Passed the Senate. We are pleased to announce that the resolu tion introduced by Hon. W. P. Price, of Lump kin, in toe Honse, and passed by that body on Thursday last, was, on yesterday, taken up in toe Senate and adopted by a vote of 19 to IS. The Legislature in expressing its willingness to refer the eligibility of negroes to hold office in this State totoe Supreme Court without com promising itself In the least, has done all that the most extreme could demand of it. We have reason to believe that action by toe Reconstruction Committee of CongressJbias al ready been arrested by toe passage of this reso lution in toe Georgia House, Thursday, last.— At all events shonld it fail of the desired end the Legislature will feel conscious of having . discharged its duty in the premises. Should Congress now, contrary to onr expectations, persist in reconstructing the State, the evil con sequences resulting therefrom will rest upon that body and not upon toe Georgia Legislature. [Atlanta Constitution. A Snout Handful or Manure.—A single handful of manure put into a hill of corn will often make the difference between four or five little “nubbins,” and six or eight plnmp ears that will shell their bulk of sound corn. A thou sand handfuls count up heavily in the autumn corn crib. How many handfuls of manure are brious reports about the state of trade, the strong f n l« of manure are more valuable to toe cultiva- probability of the mills being reduced to the ex- ■ t or Him the separate grains of gold that the mi- tremity of short time, eto., for toe evident pur- ner, with careful toil, gathers and washes from lose of frightening holders into selling out. the earth and sandbank. He hunts, gathers ! iJufc the American operators had made up their . an( j saves them all, and thus accumulates hi* minds that the mistake of last year should not | “pile.” Philosophical, successful cultivators be repeated. The planters are stronger, and ; can see the glitter of gold even in the manure under less advances than last year. The tax has j heap; they only wait a little longer than the ■pt only been removed, but the planters remem- joiner for the pure gold to be washed oat by the very quiet about this matter, and do not entrust! ber the rise after toeir sales year, and have growing process instead of in the wash pan. their secret to their most intimate friends. Some ! sent forward their orops with moderation: and word to the wise is sufficient. —Atnenaan Ag- have exchanged their greenbacks for gold, and 1 now stocks of England are running low. and she riculturist. it is known that over seventy-five thousand dol-. is obliged to enter the market, her movements „ _ i-dudes Peruria lare in gold have been carried home byplantere being already foreshadowed and heralded by a A S»an F^c^o paper m^udesPeruna trading at Rome, in the last six or eight month*, rise of the price to upwards of twelve pence. news among its Pacific Slope t> es. / TV w .f I I* - ® foe* tO tans, itrefv A* *«« !ba Li o i’ll leal r pleb u com r risk toes itter ,bog save lilts; * for.. PH. cuts y' o h &m8bb